Sergio Humberto Benavides’s Answers

Sergio Humberto Benavides

Hayward Criminal Defense Attorney.

Contributor Level 12
  1. It's been a week today

    Answered 3 months ago.

    1. James Allen Goldstein
    2. Dorinda Jo Myers
    3. Sergio Humberto Benavides
    4. Arnold William Gross
    5. David S. Kestenbaum
    6. ···
    11 lawyer answers

    If someone is sentenced to 80 days of jail, he/she is guaranteed to be out in 40 real calendar days assuming they qualify for good time/work time credits. The DA and the PD cannot guarantee anyone will be out before those 40 calendar days. You misunderstood what was said. Jail overcrowding / understaffing by a sheriff is the most common reason why someone will be released early but no one can promise an early release. Expect 40 but be grated for less if and when it happens.

    14 lawyers agreed with this answer

  2. I passed a sobriety test and blew a .06 and got a arrested for "minor DUI" . How is that possible based on California law

    Answered 6 months ago.

    1. Matthew Murillo
    2. Jon-Paul Valcarenghi
    3. Michael Jon Fremont
    4. Sergio Humberto Benavides
    5. Julia E. Simmons
    6. ···
    13 lawyer answers

    If the police observed "poor driving ," he or she can charge you with DUI despite a blood alcohol level under .08%. DUI can be costly in terms of fines, DMV classes, and increased insurance costs. It would be wise to get a lawyer to help you.

    14 lawyers agreed with this answer

  3. How to answer employment question "Have you plead guilty, no contest or convicted of a crime"?

    Answered 10 months ago.

    1. Sergio Humberto Benavides
    2. Matthew Murillo
    3. Greg Hagopian
    4. James Roy Dickinson
    5. J. Denise Carter
    6. ···
    8 lawyer answers

    what you are being offered is another word for diversion/DEJ. deferred entry of judgment is usually offered to People for drug related charges, and it's specifically states in the DEJ paperwork, that I have seen, that while you are doing the program you do not have to reveal that you have plead to a charge or that you have a conviction for employment purposes. The only exceptuon is employment with law enforcement. The original arrest will always be on your record. When this case is eventually...

    Selected as best answer

  4. I was arrested for a DUI but did not intentionally or knowingly consume alcohol prior to driving. I had what I thought was orang

    Answered about 1 month ago.

    1. Robert Lee Marshall
    2. Sergio Humberto Benavides
    3. Michael Jon Fremont
    4. Joseph Salvatore Farina
    5. Peter John Marek
    6. ···
    10 lawyer answers

    If you unknowingly consumed alcohol, that may be part of a defense There are many technical, detailed aspects to properly fighting a DUI case. Your best best is contact one or more local, experienced DUI attorneys, and request sit-down, face to face consultations. Hire the attorney you like, trust and can afford.

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. What to expect at arraignment hearing with 3 pending DUI's.

    Answered 29 days ago.

    1. Sergio Humberto Benavides
    2. Dorinda Jo Myers
    3. Hudson Thomas Bair
    4. Hazel-Lynne Ocampo Espejo
    5. Michael Jon Fremont
    6. ···
    9 lawyer answers

    You should expect to be arrested and taken into custody, at arraignment. Hat is especially true if you show up u represented. With an experienced DUI attorney at your side you might avoid the arrest at court. Call a local dui attorney and set up a consultation to see what he she can do for you and what you can afford. Good luck.

    11 lawyers agreed with this answer

  6. I got a DUI in 2013. I was sentecend to probation. But i wasnt able to comply with my probabtion?

    Answered 3 months ago.

    1. Sergio Humberto Benavides
    2. Matthew H. Springmeyer
    3. Jay Scott Finnecy
    4. Berc Agopoglu
    5. David S. Kestenbaum
    6. ···
    9 lawyer answers

    You can retain an attorney, or if you can't, work with the Public Defender. You need to get back in front of a judge. You need to present good arguments for why you should not be arrested. This is not a do it yourself project. A good attorney will help you avoid jail time.

    11 lawyers agreed with this answer

  7. My son was arrested for DUI in L.A. What should be our next steps?

    Answered 3 months ago.

    1. Sergio Humberto Benavides
    2. Mark K Rosenfeld
    3. Brian David Mcginity
    4. Matthew Murillo
    5. Michael Kevin Cernyar
    6. ···
    10 lawyer answers

    DUI is a very technical type of case. An experienced attorney will know how to review the police report and your son's version of events. Heist take quick action, such as calling the Driver Safety Office in LA to request an administrative Hearing with the DMV within 10 calendar days of his arrest. Failure to do so will result in a suspended driver license. It's time to consult with a local DUI/Criminal Defense Lawyer with experience in DUI defense.any give free consultations. I do. Good luck

    11 lawyers agreed with this answer

  8. Will your license be suspended for a failure to appear on a dui

    Answered 5 months ago.

    1. Ronald Daniel Hedding
    2. Sergio Humberto Benavides
    3. Matthew Murillo
    4. Robert Lee Marshall
    5. Andrew Stephen Roberts
    6. ···
    12 lawyer answers

    Yes. The criminal court sends notice to the DMV to "hold" your driver license. Then, when you are arrested with driving on a suspended license, you begin racking up costly infractions at first, then misdemeanors. Don't dodge your court case--it's costly.

    10 lawyers agreed with this answer

  9. Need advice about clearing my criminal record.

    Answered about 1 month ago.

    1. Joseph Briscoe Dane
    2. Sergio Humberto Benavides
    3. Gayle Anne-Marie Gutekunst
    4. David Alexander Blair
    5. Michele Terese Ferroni
    5 lawyer answers

    Your immigration status would be important to know to give good advice. Arrests are extreme difficult to remove from a criminal history. You would need the help of an attorney. As for the DUI-DUIs are priorable for up to 10 yrs, so there is nothing you can do about it if it's within the 10 yr period. If it's outside the 10 yr period you can hire someone to get it expunged. However, immigration authorities can still review and acces it for pirposes of Dept of Homeland Security issues.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Will my record reflect that I was convicted of two DUI offenses?

    Answered 5 months ago.

    1. Matthew Murillo
    2. Michael P Cognata
    3. Sergio Humberto Benavides
    4. Ara Saroian
    5. Julia E. Simmons
    6. ···
    10 lawyer answers

    It depends on what really happened in court. It is far more preferable to plead to ONE DUI than to two different charges. In my experience the DA always asks for a plea on EITHER an (a) or a (b) count, so this sounds unusual. The practical matter if it's immeditaley dismissed is that it won't matter. You can't be punished for essentially the same conduct 2x within the same case--unless one DUI occurred on one day and the other on another day. Long story short, it will show up on your record but...

    9 lawyers agreed with this answer

Call for a FREE 30 minute consultation. Top-Rated Certified Criminal Law Specialist

415-867-5181